The U.S. Supreme Court on Friday overturned a decades-old precedent that guided judges on when they could defer to federal agencies' interpretations of law in rulemaking. This landmark decision eliminates a commonly used analytic tool and raises numerous questions about future legal proceedings.

A Major Shift in Judicial Deference

In a 6-3 ruling, the Supreme Court's majority held that the Chevron v. Natural Resources Defense Council decision from 1984 improperly prioritized the executive branch's legal interpretations over those of the judicial branch. This decision marks a significant shift, removing the principle known as Chevron deference that has influenced judicial review of administrative actions for nearly 40 years.

Supreme Court Strikes Down Chevron Deference : Victory for the Fishing Industry

The ruling is a significant victory for the fishing industry plaintiffs who sought to dismantle Chevron deference. This change introduces substantial uncertainty regarding how lower courts will now evaluate competing legal arguments in the complex arena of rulemaking litigation.

Supreme Court Strikes Down Chevron Deference : Details of the Cases

The Supreme Court's decision stems from two key cases: Relentless v. Department of Commerce and Loper Bright v. Raimondo. Both cases involve fishing groups challenging a 2018 National Marine Fisheries Service (NMFS) rule that required fishers to bear part of the cost of having federal compliance monitors aboard their vessels. The plaintiffs argued that the NMFS overstepped its authority under the Magnuson–Stevens Fishery Conservation and Management Act.

In January, all nine justices heard oral arguments in Relentless. However, in Loper Bright, Justice Ketanji Brown Jackson recused herself due to her prior involvement in the case at the D.C. Circuit.

Supreme Court Strikes Down Chevron Deference : Court Rulings and Legal Representation

The Relentless case was initially filed in Rhode Island federal court in 2020 and dismissed in 2021. The First Circuit upheld this decision last year. The fishing companies in Relentless are represented by John J. Vecchione, Mark S. Chenoweth, Kara M. Rollins, and Philip Hamburger of the New Civil Liberties Alliance, and Roman Martinez, Charles S. Dameron, Michael Clemente, William J. Seidleck, and Alexander G. Siemers of Latham & Watkins LLP.

The Loper Bright plaintiffs filed their case in Washington, D.C., federal district court in 2020. After losing there in 2021 and again at the D.C. Circuit in 2022, they took their case to the Supreme Court. The plaintiffs are represented by Paul D. Clement, Andrew C. Lawrence, and Chadwick J. Harper of Clement & Murphy PLLC, along with Ryan P. Mulvey, Eric B. Bolinder, and R. James Valvo III of Cause of Action Institute.

Federal Government Representation

The federal government is represented by Elizabeth B. Prelogar, Todd Kim, Edwin S. Kneedler, Matthew Guarnieri, Rachel Heron, Dina B. Mishra, and Daniel Halainen of the U.S. Department of Justice.

Supreme Court Strikes Down Chevron Deference : Uncertain Future for Rulemaking

The Supreme Court's decision to strike down Chevron deference creates a new legal landscape for federal rulemaking. As lower courts adjust to this change, the absence of Chevron deference will likely lead to a period of significant legal uncertainty and potentially more judicial scrutiny of federal agency actions.